U. S. Senate Debate
on
West Virginia Statehood

Mr. WADE. I move to take up the bill for the admission of
Western Virginia into the Union as a State, and I shall ask for its
consideration now.

The motion was agreed to; and the bill (S. No. 365) providing
for the admission of the State of West Virginia into the Union, was
read a second time, and considered as in Committee of the Whole. By
an act of the State of Virginia, passed May 13, 1862, entitled "An
act giving the consent of the Legislature of Virginia to the
formation and erection of a new State within the jurisdiction of
this State," the people of that part of the State of Virginia
including the counties of Hancock, Brooke, Ohio, Marshall, Wetzel,
Marion, Monongalia, Preston, Taylor, Tyler, Pleasants, Ritchie,
Doddridge, Harrison, Wood, Jackson, Wirt, Roane, Calhoun, Gilmer,
Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, Mason, Putnam,
Kanawha, Clay, Nicholas, Cabell, Wayne, Boone, Logan, Wyoming,
Mercer, McDowell, Webster, Pocahontas, Fayette, Raleigh,
Greenbrier, Monroe, Pendleton, Hardy, Hampshire, and Morgan, did,
with the consent of the Legislature of the State of Virginia, form
themselves into an independent state, and did establish a
constitution for the government of the same. The bill therefore
proposes to admit the State of West Virginia into the Union on an
equal footing with the original States in all respects whatever,
upon the following conditions: that there shall be included within
the State of West Virginia, in addition to the counties already
enumerated in the preamble, the following counties, as laid off and
defined by the Legislature of the State of Virginia: Berkeley,
Jefferson, Clark, Frederick, Warren, Page, Shenandoah, Rockingham,
Augusta, Highland, Bath, Rockbridge, Botetourt, Craig, and
Alleghany; that the convention thereinafter provided for shall, in
the constitution to be framed by it, make provision that from and
after the 4th day of July, 1863, the children of all slaves born
within the limits of the State shall be free.

The second section authorizes and empowers the people of the
counties thereinbefore enumerated, qualified under the constitution
of Virginia as electors, to vote for and choose representatives to
form a convention for framing and adopting a constitution for a
State by the name of West Virginia, or any other name the
convention may adopt, in accordance with the provisions of this
act; and all persons qualified for representatives to the
Legislature of Virginia under the constitution thereof are to be
qualified to be elected to the convention. The election for the
representatives is to be held at such time at the usual places of
voting in the several counties as the Governor of Virginia may
direct and prescribe, and as soon as may be after the people
thereof shall be relieved from the presence of armed insurgents;
and the representatives to the convention are to be apportioned
among the several counties as follows: Hancock, 1; Brooke, 1; Ohio,
3; Marshall, 2; Wetzel, 1; Marion, 2; Monongalia, 2; Preston, 2;
Taylor, 1; Tyler, 1; Pleasants, 1; Ritchie, 1; Doddridge, 1;
Harrison, 2; Wood, 2; Jackson, 1; Wirt, 1; Roane, 1; Calhoun, 1;
Gilmer, 1; Barbour, 1; Tucker, 1; Lewis, 1; Braxton, 1; Upshur, 1;
Randolph, 1; Mason, 1; Putnam, 1; Kanawha, 2; Clay, 1; Nicholas, 1;
Cabell, 1; Wayne, 1; Boone, 1; Logan, 1; Wyoming, 1; Mercer, 1;
McDowell, 1; Webster, 1; Pocahontas, 1; Fayette, 1; Raleigh, 1;
Greenbrier, 2; Monroe, 2; Pendleton, 1; Hardy, 1; Hampshire, 2;
Morgan, 1; Berkeley, 2; Jefferson, 2; Clark, 1; Frederick, 2;
Warren, 1; Page, 1; Shenandoah, 2; Rockingham, 3; Augusta, 3;
Highland, 1; Bath, 1; Rockbridge, 2; Botetourt, 1; Craig, 1;
Alleghany, 1.

The third section enacts that the members of the convention
elected under the provisions of this act shall meet at such place
as the Governor of the State of Virginia shall designate, at as
early a day after their election as may be practicable, and shall
have power and authority to form a constitution and State
government upon the conditions prescribed in this act, and not
repugnant to the Constitution of the United States, which
constitution so adopted by the convention shall be submitted to the
people of the State of West Virginia for their adoption and
ratification.

The fourth section enacts that upon the ratification of the
constitution framed by the convention, and the public declaration
by the Legislature of the State of Virginia assenting to the
formation of the State of West Virginia under the provisions and
conditions imposed by this act, it shall be the duty of the
Governor thereof to transmit official evidence of the same to the
President of the United States on or before the _____ day of ____
next, upon receipt whereof the President, by proclamation, shall
announce the fact; whereupon, and without any further proceeding on
the part of Congress, the admission of the State into the Union
shall be considered as complete.

The fifth section declares that the State of West Virginia shall
be entitled, until the next general census, to as many
Representatives in the House of Representatives as the population
thereof will authorize under the present apportionment.

Mr. SUMNER. The following is among the conditions on
which West Virginia is to be admitted into the Union as a new
State, viz: "the convention shall make provision that from and
after the 4th day of July, 1863, the children of all slaves born
within the limits of said State shall be free." Here is a
condition; you undertake to impose a condition. This is clear. But,
sir, be good enough to observe that this condition proposes to
recognize the existence of slavery during the present generation.
Short as life may be it is too long for slavery. If this condition
be adopted, and the bill becomes a law, a new slave State will take
its place in our Union; it may be but a few slaves only, and for
the present generation only, but nevertheless a new slave State.
That is enough. Sir, we all know that it takes but very little
slavery to make a slave State with all the virus of slavery. Now,
by my vote no new State shall come into this Union, and send
Senators into this body with this virus. Enough have our public
affairs been disturbed, and enough has the Constitution been
poisoned. The time has come for the medicine. It will be found in
the policy of Mr. Jefferson, originally applied to the great
Territory of the Northwest. Its application to a portion of his own
Virginia seeking to become a new State will be politic, just, and
conservative.

I shall now move the honored Jeffersonian ordinance. On page 2,
lines sixteen and seventeen of the bill, I move to strike out the
words, "the children of all slaves born within the limits of said
State shall be free," and insert in lieu thereof, "within the
limits of the said State there shall be neither slavery nor
involuntary servitude, otherwise than in punishment of crime
whereof the party shall be duly convicted;" so that the whole
clause will read as follows:

That the convention hereinafter provided for, in the
constitution framed by it, make provision that from and after the
4th day of July, 1863, within the limits of the said State there
shall be neither slavery nor involuntary servitude, otherwise than
in the punishment of crimes whereof the party shall be duly
convicted.

And on this question I ask for the yeas and nays.

The yeas and nays were ordered.

Mr. WILLEY. If it is in order, I offer an amendment to
that amendment, striking out all after line two in the first
section, and all of the bill except the fifth section, and
inserting the following -

The PRESIDENT pro tempore. The Chair will suggest
that the amendment proposed by the Senator from Virginia is an
amendment to the bill and not directly to the amendment proposed by
the Senator from Massachusetts. Whether the amendment of the
Senator from Massachusetts shall be adopted or rejected, it will
then be in order to consider and act upon the amendment proposed by
the Senator from Virginia. If the amendment of the Senator from
Massachusetts shall be adopted, it will be in order to strike out
the whole section embracing that amendment.

Mr. HALE. Having been upon the committee that reported
this bill, and meaning to sustain the action of the committee, I
shall vote against the amendment proposed by the honorable Senator
from Massachusetts; and it may be proper even for so humble an
individual as myself to make a brief explanation of the motives
that operate on me in the vote I shall give -